Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39231 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.

Vikram Kumar Son of Umesh Rai Resident of Village- Chausima Kalyanpur, Kaua Chauk, P.S- Rajapakar, Dist- Vaishali 2.

Santosh Rai Son of Ram Naresh Rai Resident of Village- sarmastpur, P.SRajapakar ,Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Nidhi Anand, Adv.

For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seeks regular bail in connection with Rajapakar P.S. Case No. 117 of 2024, lodged on 06.04.2024 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, FIR has been lodged against three named accused persons including the present petitioners. Total 300 litres of country made liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence.

Patna High Court CR. MISC. No.39231 of 2024(2) dt.29-05-2024 2/2 Counsel also submits that the criminal antecedent of the petitioners are not clean and there is one criminal case pending against petitioner no.1 in which he is on bail and there are two criminal cases pending against petitioner no.2 in which in both the cases, he is on bail. The petitioners are in custody since 09.04.2024 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that the petitioners used to do purchase and sale of illicit liquor.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named be granted bail, but only three months after framing of charge on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 117 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C. (Dr. Anshuman, J.) Divyansh/- U T